SENATE, No. 0 STATE OF NEW JERSEY 0th LEGISLATURE INTRODUCED APRIL, Sponsored by: Senator C. LOUIS BASSANO District (Essex and Union) Senator BERNARD F. KENNY District (Hudson) SYNOPSIS "New Jersey Supplementary Food Stamp Program Act." CURRENT VERSION OF TEXT As introduced.
S0 BASSANO, KENNY 0 0 0 AN ACT establishing the New Jersey Supplementary Food Stamp Program, amending P.L., c. and P.L., c., and supplementing Title of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. (New section) This act shall be known and may be cited as the "New Jersey Supplementary Food Stamp Program Act.". (New section) As used in this act: "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Federal food stamp program" means the federal food stamp program authorized by Title XIII of the "Food and Agriculture Act of," Pub.L.- ( U.S.C. s.0 et seq.). "Program" means the New Jersey Supplementary Food Stamp Program established pursuant to this act.. (New section) a. There is established the New Jersey Supplementary Food Stamp Program in the Department of Human Services. The purpose of the program is to provide nutritional assistance to those categories of noncitizens who were rendered ineligible for the federal food stamp program by section 0 of Pub.L.-, the federal "Personal Responsibility and Work Opportunity Reconciliation Act of " ( U.S.C. s.). b. The program shall be administered pursuant to State rules and regulations implementing the federal food stamp program, except that the eligibility criteria for noncitizens for the program provided in section of this act shall be used in lieu of those of the federal food stamp program.. (New section) a. A noncitizen shall be eligible for participation in the program if that person was: lawfully admitted into the United States prior to August,, remains lawfully present in the United States, is ineligible for the federal food stamp program, and is one of the following: () under years of age; () years of age or over; () receiving benefits under the supplemental security income program established pursuant to the federal Social Security Act, Pub.L.-0 ( U.S.C. s. et seq.), or determined to be an essential person under the supplemental security income program; EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter.
S0 BASSANO, KENNY 0 0 0 () mentally or physically incapacitated, as defined by regulation of the commissioner, including being blind; or () considered unemployable under the Work First New Jersey program established pursuant to P.L., c. (C.:- et seq.). b. To be eligible for the program, a noncitizen shall also meet one of the following criteria: () lawfully admitted for permanent residence as an immigrant; () entered the United States prior to January,, or some later date as required by law, and continuously maintained residency in the United States since then, and is not ineligible for citizenship but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the United States Attorney General; () was qualified by the federal Immigration and Naturalization Service for conditional entry into the United States after March, 0 because of persecution or fear of persecution on account of race, religion, or political opinion; () was qualified by the federal Immigration and Naturalization Service for conditional entry into the United States prior to April, 0; () was granted asylum through an exercise of discretion by the United States Attorney General; () is lawfully present in the United States as a result of an exercise of discretion by the United States Attorney General for emergent reasons or reasons deemed strictly in the public interest, or as a result of a grant of parole by the United States Attorney General; () the United States Attorney General has withheld deportation of the noncitizen because of the judgment of the United States Attorney General that the noncitizen would otherwise be subject to persecution on account of race, religion, or political opinion; () has been determined as aged, blind or disabled in accordance with the supplemental security income program established pursuant to the federal Social Security Act, Pub.L.-0 ( U.S.C. s. et seq.), and is considered by the federal Immigration and Naturalization Service to be lawfully admitted for temporary residence; () was granted lawful temporary resident status at least five years prior to applying for the program and subsequently gained lawful permanent resident status; or () is, as of June, or thereafter, a special agricultural worker as defined by federal law and lawfully admitted for temporary residence. c. A noncitizen who is certified as eligible for the program by the department, or the agency designated by the department, shall be required to apply for United States citizenship within 0 days of the date that the noncitizen is certified as eligible for the program or within 0 days of the date the noncitizen is eligible to apply for
S0 BASSANO, KENNY 0 0 0 citizenship, whichever is later, except that a noncitizen shall be exempt from the citizenship application requirement if that person is: () unable to either apply for or obtain citizenship due to a medical or physical condition as defined by regulation of the commissioner; or () a child under years of age. d. An eligible noncitizen may continue to receive program benefits until that person meets the minimum residency requirements provided in federal law to apply for citizenship. e. A person who is required to apply for citizenship to retain eligibility for the program, but who fails to supply adequate proof to the department, or the agency designated by the department, that he has made timely application for citizenship, shall have his eligibility for the program terminated. f. A person who applies for citizenship, but who subsequently is determined by the federal Immigration and Naturalization Service to be ineligible for citizenship, except for a noncitizen as described in paragraph () of subsection c. of this section, shall have his eligibility for the program terminated at the end of the month in which the 0- day period as provided in subsection c. of this section expires.. (New section) The State shall pay the full amount of each county's administrative costs applicable to households that contain only persons eligible for the program. These costs shall be determined in accordance with the approved cost allocation plan of the department.. (New section) A noncitizen who is eligible for the federal food stamp program shall not be eligible for the program. A noncitizen who is ineligible for the federal food stamp program, but is eligible for the program, and who subsequently is made eligible for the federal food stamp program due to changes in federal law, shall lose entitlement to benefits under the program.. Section of P.L., c. (C.C:0-) is amended to read as follows:. As used in this act: "ATP card" means a document issued by a State or federal agency, to a certified household, to show the food stamp allotment a household is authorized to receive on presentation. "Benefit card" means a card used or intended for use to access Work First New Jersey, food stamp or other benefits as determined by the Commissioner of Human Services under the electronic benefit distribution system established pursuant to the "Public Assistance Electronic Benefit Distribution System Act," P.L., c.0 (C.:-. et seq.) and continued pursuant to P.L., c. (C.:- et al.).
S0 BASSANO, KENNY 0 0 0 "Department" means the Department of Human Services. "Food stamp coupon" means any coupon or stamp used or intended for use in the purchase of food pursuant to the federal food stamp program[, U.S.C.s.0 et seq.] authorized by Title XIII of the "Food and Agriculture Act of," Pub.L.- ( U.S.C. s.0 et seq.), or the New Jersey Supplementary Food Stamp Program established pursuant to P.L., c. (C. )(pending before the Legislature as this bill). (cf: P.L., c., s.). Section of P.L., c. (C.C:0-) is amended to read as follows:. If the face value of food stamp coupons or an ATP card or benefit card is equal to or greater than $, an individual shall be guilty of a crime of the fourth degree if he purposely or knowingly and without authorization: a. Receives or uses the proceeds of food stamp coupons or an ATP card or benefit card for which he has not applied or has not been approved by the department to use; b. Engages in any transaction to convert food stamp coupons or an ATP card or benefit card to other property contrary to federal and State government rules and regulations governing the Work First New Jersey program, the federal food stamp program, the New Jersey Supplementary Food Stamp Program, or any other program included in the electronic benefit distribution system; or c. Transfers food stamp coupons or an ATP card or benefit card to another person who is not lawfully entitled or approved by the department to use the coupons or ATP card or benefit card. (cf: P.L., c., s.). Section of P.L., c. (C.C:0-) is amended to read as follows:. If the face value of food stamp coupons or an ATP card or benefit card is less than $, an individual shall be guilty of a disorderly persons offense if he purposely or knowingly and without authorization: a. Receives or uses the proceeds of food stamp coupons or an ATP card or benefit card for which he has not applied or has not been approved, by the department, to use; b. Engages in any transaction to convert food stamp coupons or an ATP card or benefit card to other property contrary to federal and State government rules and regulations governing the Work First New Jersey program, the federal food stamp program, the New Jersey Supplementary Food Stamp Program, or any other program included in the electronic benefit distribution system; or c. Transfers food stamp coupons or an ATP card or benefit card to
S0 BASSANO, KENNY 0 0 0 another person who is not lawfully entitled or approved, by the department, to use the coupons or ATP card or benefit card. (cf: P.L., c., s.). Section of P.L., c. (C.:-) is amended to read as follows:. a. The department shall implement the electronic benefit distribution system established pursuant to P.L., c.0 (C.:-. et seq.) in every county of the State. b. All cash assistance and food stamp benefits shall be provided through the issuance of a single benefit card utilizing the electronic benefit distribution system. The commissioner may include additional programs in this system at his discretion. c. No charge, including a fee imposed by a terminal owner, shall be imposed upon a person receiving cash assistance, food stamp or other benefits for participating in the electronic benefit transfer system, except as follows: () after three free cash automatic teller machine withdrawals in a month, the department may deduct a transaction fee from a recipient's account for each subsequent withdrawal; () a recipient shall be required to pay a fee for a replacement benefit card in an amount to be determined by the commissioner, which may be deducted from the recipient's account as determined by the commissioner, in accordance with federal law; and () in the case of a recipient who elects to receive benefits at a point-of-sale location licensed by the Department of Banking and Insurance pursuant to P.L., c. (C.:A-0 et seq.), the State shall pay the licensee the difference between the contracted base transaction fee and $.00. The provisions of this paragraph shall expire two years after the effective date of the single Statewide electronic benefits distribution contract that is let pursuant to P.L., c. (C.:- et al.). d. A retail establishment currently authorized to participate in the federal food stamp program, or the New Jersey Supplementary Food Stamp Program established pursuant to P.L., c. (C. )(pending before the Legislature as this bill), shall be afforded the opportunity to participate in the electronic benefit distribution system. e. The department shall cycle the issuance of cash assistance and food stamp benefits over multiple dates throughout the month in a manner that best serves cash assistance and food stamp recipients within the framework of the electronic benefit distribution system in each county. f. The commissioner shall have the discretion to determine the need for appropriate benefit card security measures, as well as whatever personal identification technology is included on the benefit card, to access cash assistance, food stamp or other benefits under the
S0 BASSANO, KENNY 0 0 0 electronic benefit distribution system. g. A county agency shall issue a photo-identification card to each adult recipient as a condition of receiving benefits until implementation of the electronic benefit distribution system in that county agency. Once a county begins to implement the electronic benefit distribution system, the county agency shall no longer be required to issue a photo-identification card to each adult recipient but may continue the issuance of photo-identification cards separate from the benefit cards. h. Notwithstanding any provisions of law to the contrary, until such time as the electronic benefit distribution system is implemented Statewide, contracts for the provision of food stamp coupons are not subject to the requirements of the "Local Public Contracts Law," P.L., c. (C.0A:- et seq.). (cf: P.L., c., s.). The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L., c. (C.:B- et seq.), shall adopt rules and regulations to effectuate the purposes of this act.. This act shall take effect on July,. STATEMENT This bill establishes the New Jersey Supplementary Food Stamp Program in the Department of Human Services. The bill provides statutory authorization for the provisions of Executive Order Number signed by the Governor on August,, which authorized the State to provide State-funded food stamp benefits to certain categories of noncitizens (i.e., lawfully admitted children, elderly and disabled persons) in approximately,000 households who were rendered ineligible for the federal food stamp program by the enactment of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of," Pub.L.-. The Executive Order is due to expire on June 0,. Since September, when the State food stamp program began, the State and the counties have each funded 0% of the administrative costs of the program. Under this bill, the State would pay the full amount of these administrative costs. The resulting increase in State costs has been anticipated in the amount allocated for the program in the Governor's recommended budget for fiscal year.